Kayla Race

Kayla Race




Kayla assists clients in a variety of industries with their environmental, energy, natural resources, land use, and sustainability matters. This includes helping energy and natural resources clients, among others, navigate compliance with state and federal environmental regulations and permitting, electric utility laws, land use policies, environmental and climate disclosure requirements, carbon offsets standards, and mineral exploration rules. Kayla also advises on contractual matters, environmental due diligence, issues involving split-estates (separate mineral and surface ownership), eminent domain issues, and other project development needs.

Kayla’s career as an attorney is aided by her experience shaping municipal and state climate, energy, and environmental justice policy in her work prior to law school for community-based environmental non-profit organizations in southern California and for the Massachusetts House of Representatives Committee on Global Warming and Climate Change. In particular, Kayla draws from her experience advising the City of San Diego on the development of its Climate Action Plan as a member (appointed by the City Council) of the City’s Economic and Environmental Sustainability Task Force. She also served as a member of the Regional Energy Working Group for the San Diego Association of Governments and participated in the Port of San Diego’s climate committee and environmental advisory committee. Kayla also represented an environmental justice non-profit in intervening in California Public Utilities Commission proceedings.

Kayla’s law practice is further benefitted by her experiences during law school as an intern for the U.S. Department of Interior’s Office of the Solicitor and for the Salt Lake City Attorney’s Office, as a law student clerk for a national non-profit environmental law organization and for a local law firm, and as research fellow for the University of Utah’s Stegner Center for Land, Resources, and the Environment.

Education & Admissions

University of Utah, S. J. Quinney College of Law (J.D., 2020), Certificate in Environmental and Natural Resources Law, Highest Honors, Order of the Coif, Utah Law Review Editor-in-Chief

Middlebury College (B.A., 2008), cum laude


  • Utah


  • Utah Supreme Court, Justice John Pearce, 2020-2021


Representative Work

  • Advised electric utility on Federal Energy Regulatory Commission (FERC) rules, Energy Information Administration rules, state laws, and federal statutes including the Federal Power Act and the Public Utility Regulatory Policies Act, on matters relating to electricity generation, wholesale power purchasing, distribution, energy storage (including molten salt), and wholesale transmission (including rights of first refusal to construct and operate transmission infrastructure).
  • Advised solar energy developments, wind energy developments, and pumped hydro energy storage developments on licensing, permitting, land leasing, and other land use authorization rules of the U.S. Bureau of Land Management (BLM), the U.S. Bureau of Reclamation (BOR), the U.S. Fish and Wildlife Service, the U.S. Forest Service, the U.S. Environmental Protection Agency (EPA), FERC, state environmental agencies, and local land use authorities.
  • Advised agricultural and forestry clients on voluntary carbon credits standards, practices, contracts, and carbon sequestration tax credits.
  • Assisted utility company with state public utilities commission electricity rate case and gas rate case expert testimony drafting and commission rules.
  • Drafted electric utility client’s application for rehearing and reconsideration of a state public utilities commission decision pertaining to the client’s financial incentives, which application the state commission granted and partially agreed with client’s position.
  • Represented mining client in BLM State Director Review request and U.S. Interior Board of Land Appeals (IBLA) appeal of BLM decision pertaining to client’s mineral exploration on public land.
  • Assisted municipal client in federal lawsuit challenging a federal agency’s actions under the National Environmental Policy Act (NEPA) and other federal laws.
  • Advised renewable energy developers and mining clients on eminent domain, split-estates (separate surface and mineral ownership), easements, contracts governing generation interconnect (gen-tie) infrastructure operation and construction, other contractual issues, and other land use issues.
  • Advised power plant owner and mining clients on contractual rights and obligations under fuel supply agreements, operating agreements, royalty agreements, leases, and purchase and sale agreements.
  • Drafted environmental and climate risks disclosures in SEC filings for clients in multiple industries, including electric utilities, mining, and housing development.
  • Drafted environmental service contracts and confidentiality agreements for clients in multiple industries.
  • Supported clients’ environmental due diligence for potential transactions, including for lithium mining operations, a cement facility, a waste facility, a medical device manufacturer, and gold mines.
  • Assisted clients in multiple industries address potential water and soil contamination and respond to enforcement actions by state agencies, including successfully negotiation of a reduced settlement agreement.
  • Advised clients in multiple industries on regulatory changes under the Clean Air Act, Clean Water Act, SEC Climate Disclosures, and state climate disclosure law.
  • Drafted public comments for mining and utility clients on proposed federal regulations that impact mining, mineral exploration, and air quality.
  • Advised mining clients on federal regulation of mining and mineral exploration on BLM and U.S. Forest Service public land under the General Mining Law and mineral leasing regulations.
  • Obtained information for client from federal agency under the Freedom of Information Act (FOIA).
  • Assisted manufacturing client in toxic tort litigation.
  • Helped pro bono urban farming client obtain city approval to rezone property and comply with city land use ordinances, and advised on various construction agreements.

News & Resources

Legal Writings

  • A Perfect Storm: Environmental Justice & Air Quality Impacts of Offshore Oil & Gas Development in the Arctic Outer Continental Shelf, 38 UCLA J. ENVTL. L. & POL’Y 105 (2020)
  • A Tale of Two Portlands: How Port Cities Can Survive Dormant Commerce Clause Challenges to Fossil Fuel Shipping Restrictions, 26 UC HASTINGS ENVTL. L. J. 81 (2020) (Second Prize, American Planning Association, Planning and Law Division’s 36th Annual Smith-Babcock-Williams Student Writing Competition)
  • John Ruple & Kayla Race, Measuring the NEPA Litigation Burden, 50 ENVTL. L. 479 (2020)


     Pro Bono 50 Hours 2022

  • Contributed more than 50+ Challenge pro bono hours, 2022
Kayla Race